Justices’
Page 1
FIAT JUSTITIA
RUAT CAELUM
QUARTERLY
Winter 2012
Volume 81
Number 2
‘Helping keep
the lights on’
Page 2
PRESIDENT’S PAGE
1
New era for issuing warrants
R
ecently I was emailed a photo
of a Justice of the Peace sign
announcing that JPs were available between 9am and 12pm
every first and third Saturday mornings. It was only the Coles sign in the
background that told me this was in
Australia!
Associations are asked to ensure that
sufficient numbers of JPs who have
the skills and experience to become
IOs should be encouraged to undertake the required training. Computer
competence is essential as the training and assessment is only available
electronically.
Our fellow JPs in Australia are also
using “signing centres” or clinics
to take JP services out to where the
people are and where it is more convenient for people to find a JP. Congratulations to all associations who
have tried signing centres and found
they worked. And even if they didn`t
work in your area, you have given the
work of JPs a higher profile in your
community by being out there in the
public eye.
The Ministry of Justice is also looking at the use of electronic warrants in
the near future. This will complement
the move towards the e-bench, where
the entire process of the District Court
will be conducted electronically,
eliminating current paper processes.
Associations should ensure that IOs
are available to police stations, particularly where a District Court is
some distance away. IOs will also be
needed in towns that have a District
Court, to cover the times when those
courts are not open, on weekends and
statutory holidays.
At the time of writing Federation Registrar Alan Hart is away from the office recovering from surgery. He will
need time to fully recover so please
lighten his load as much as possible
by contacting your regional representative in the first instance with any
problem that Alan would otherwise
handle for you. In extremis I am always available.
The main issue facing the Federation
at the moment is the management of
training for issuing officers (IOs) under the new Search and Surveillance
Act, which is expected to come into
force on October 1. Thanks to Immediate Past President Alison Thomson
and national education officer Sarah
Loftus for their dedicated work preparing the online training module, in
conjunction with Ministry of Justice
staff. The Federation will be offering
this training to court staff as well as
Justices.
Those JPs who are currently qualified
to issue warrants may continue until
September 30, but from October 1
only newly qualified IOs may process
applications for warrants under the
Search and Surveillance Act.
The timeline for online training under
the new Search and Surveillance Act
is:
• National education officer Sarah
Loftus has written a detailed article
on the new role: see PP8-9/Ed6-7
Education Trust Awards
Federation President
Kevin Geddes
• July 2: Online training commences.
• August 10: Online assessment for
those applying to be issuing officers must be completed (court staff
and JPs)
• August 20: Names of those who
have successfully completed training to be passed to the Chief District Court Judge (JPs) or Secretary
for Justice (court staff)
• September 3: Names to be forwarded to Attorney-General
• September 27: Names approved by
Attorney-General to be gazetted
• October 1 (if confirmed): Issuing
officers only may issue warrants.
The trustees of the Justices of the
Peace Education Trust offer Awards
to association trainers/educators for
excellence in ongoing professional
development for JPs. The Awards are
made to the trainer/educator, not the
association. All entries should be submitted to the Federation Registrar by
July 1.
Presidential visits
In recent weeks Lorraine and I have
been to association functions in Gore
and Ohope (Eastern Bay of Plenty).
Both functions were very well attended by Justices and partners, had excellent speakers and provided a great
social occasion. I commend both associations on providing a very worthwhile activity for members.
Kevin Geddes
NEWS1
A
Victims push back
new crime prevention initiative was
launched by a Bay of Plenty couple
last month. “Stole Me” provides immediate visibility to the public of stolen property and pets.
EDITOR: GEOFF DAVIES JP
Email: [email protected]
Phone: 04-472-5566
Telephone 04-918-8447 Fax 04-918-8034
Email: [email protected]
Website: www.jpfed.org.nz
WINTER 2012
VOL 81
No: TWO
Page 1
This initiative is the result of the personal
experience of the couple, who were the victims of crime themselves. When their boat
was stolen they were unable to find any way
to inform the public and wider community
of the theft. But they believed they would
have a better chance of recovering their boat
if it was spotted by a member of the public who could then alert them or the police.
They also considered that the establishment
of a service such as Stole Me would significantly reduce the ability to trade in stolen
goods.
The website www.stoleme.co.nz is a national register of stolen property and pets that
offers a free service to the general public.
It can greatly increase the recovery of stolen items which, in turn, will significantly
reduce the opportunity to trade in goods acquired through illegal means.
Stole Me is an online database where victims of crime can list, at no charge, items
that have been stolen. As part of the listing
process, a reward can be offered for information that leads to the recovery of the
property or pet.
People considering the purchase of secondhand goods can use the site to ascertain if
what they are buying has been listed as stolen.
Stole Me has been developed in collaboration with the police and has the support of
the Crime Prevention Partnership Forum,
Crimestoppers, the New Zealand Insurance
Council and the New Zealand Institute of
Professional Investigators.
Sorry folks . . .
A passion for radio: Tait Electronics
2
From the Registrar
4
Role of the ‘nominated person’
6
Education
7-10
Salvo
11
Crossword
12
Obituary: Gifford Brown
13
Conference 2012:
‘In praise of justice’
14
A distinguished soldier and JP
15
EBOP turns 21
16
Hubbard
inside back cover
Appointments
outside back cover
Patron: His Excellency the Governor-General
Rt Hon Lt Gen Sir Jerry Mateparae GNZM QSO
President: Kevin Geddes JP
Immediate Past President:
Alison Thomson JP
Vice-President: Greg Weake JP
Northern Regional Representative:
Graeme Kitto JP
Auckland Regional Representative:
Wallis Walker JP
Central Regional Representative:
Denise Hutchins ED JP
Southern Regional Representative:
Bill Saxton JP
Honorary Solicitors: Buddle Findlay
Registrar: Alan Hart JP
National Education Officer: Sarah Loftus
Editor, NZ Justices’ Quarterly:
Geoff Davies JP
In the Autumn issue I inadvertently illustrated a story in the Education pages about
training Visiting Justices with pictures taken at the judicial practicum held in February. My apologies to all concerned – and the error is entirely mine. - Editor
JP MERCHANDISE NOW AVAILABLE
Durable and stylish JP gate plates
are available
at $10 each including GST and P&P
The Federation
has a new
tie in stock.
This high-quality
product costs only
$25 including GST
and P&P.
We have also
produced a very
attractive pen. They
cost $5 including
GST and P&P.
Contact the Federation Registrar to get yours!
P O Box 5005 Lambton Quay Wellington 6145
Ashburton association president Heather McKimmie in the foyer of Tait Electronics in
Christchurch during a tour of Tait’s factory . . . story P2. Picture: NOEL LOWE
Page 2
FEATURE
A passion for radio
Although she describes herself as technologychallenged, Ashburton JP PAULINE HEWSON
enjoyed an association visit to Tait Electronics
Ltd in Christchurch. Pictures: NOEL LOWE
W
hen a group of JPs from
the Ashburton association
visited Tait Electronics in
Christchurch recently, I was
prepared for a less than enjoyable afternoon. I tried not to look too
longingly at the nearby shopping mall
as we went past.
However, I emerged after the visit feeling very privileged to have had the opportunity to view this amazingly efficient operation.
Sir Angus Tait, founder of the business,
was reputed to play with crystal radios
at family gatherings while the other
children ran around and climbed trees.
He lived and breathed radios all his life,
and used his passion to build a successful business.
From the moment our group entered
Tait Electronics, it was evident that this
was an extremely well-oiled and motivated workplace. The foyer is spacious
and bright with a bronze bust of Sir Angus strategically placed to watch over
his empire (see cover).
First we visited the small museum and
learnt the history behind the development of the company. This room was
set up by the staff as a memorial to Sir
Angus, who died in 2007, aged 88. He
had always planned such a display, and
it has been made into a fitting tribute to
a great, but humble, man.
The back of Angus Tait’s early model
Vauxhall greets you as you enter the
museum, with the boot open to display
a radio – perhaps his first. A large photograph of the Blue Star taxi fleet also
caught my eye – the cars were all fitted out with radio equipment supplied
by Tait’s. The photographs, charts and
information sheets make a fascinating
journey.
After leaving school, Sir Angus worked
in a radio store. He joined the Royal
New Zealand Air Force at the outbreak
of Word War 2 and then transferred to
the Royal Air Force in England to work
on airborne radar.
He returned to New Zealand in 1947
and began designing and assembling
mobile radios. This small enterprise
was the forerunner of Tait Electronics
which was formed in 1969 with a staff
of 12.
The company produced lightweight,
compact radios and had secured a ma-
Tait’s production manager
Jayden Moore, wearing an
anti-static jacket, demonstrates
radio handsets
jority share of the New Zealand market
in a few years. By the mid-1970s those
initial products developed into the miniphone series of mobile radios and they
soon offered a range of portable radios
and base stations. Some 25% of production was exported and subsidiary operations opened in the United Kingdom in
1979, followed by stores in Singapore
and the United States.
A commitment to research and development saw a wave of innovation and
growth during the 1980s and 1990s.
Today the company has offices in 10
countries, and a network of distributors
and dealers in 150 nations. About 800
people are employed around the world
and the company exports 95% of the
products from its Christchurch base.
Just 18 hours after the Christchurch
earthquake the team was back in production, getting communications in
place for rescue teams.
Sir Angus Tait was knighted in 1999 for
FEATURE
his contribution to electronics. The staff
continues to work on, and build on, the
foundations he established. Old-school
values are emphasised and staff are offered overtime as a choice, not an expectation.
As we were shown around the workplace, I was impressed by the large
placards bearing positive, inspiring
messages, and it was clear that the staff
work by the values promulgated.
The surface mount technology area
is the largest part of assembly, and is
where small components are fixed on
to circuit boards. The plant operates 24
hours, five days a week. There is ongoing monitoring of production levels and
management are constantly on call to
sort any problems.
Most workers stand at benches and the
benches are hydraulically adjusted to
the height of the worker. This is another
effort to streamline the production line,
but to not compromise the comfort of
the workers.
Even small details such as the placement of rubbish containers in relation
to the operator can speed up production
times!
In the area devoted to building up mobile radios the target working times are
61 seconds to build each stage and 82
seconds for the more intricate work on
the control heads.
A “train” circulates the factory floor
regularly, collecting the components
as they are completed, thus minimising clutter. The aim is operate a multiskilled, cross-functional workplace.
With equipment from Asian companies
constantly undercutting the New Zealand market, Tait’s must continually be
Page 3
JPs Betty Andrews and Ian Moore view the original Tait car with
Jayden Moore
evaluating their production methods.
It was no surprise to learn that 70% of
the workforce is female. The intricate
work needed is suited to small and dextrous fingers. Most workers are permanent rather than temporary, and 70% of
the workforce has been at Tait’s for 15
years or more.
Anyone visiting the factory, as we were,
has to stay within blue lines painted on
the floor. This is to contain the static energy which may interfere with the work
(although I wondered if the Queen,
when she visited on her last trip to New
Zealand, also had to remain within the
blue lines!).
We visited several other work areas. In
one area the systems being assembled
were all bound for the US. The systems
are all tested intensely, and Tait’s install
the equipment on site. The metalwork
Malcolm Cleave (left) and Michael Warman assemble radio equipment
is manufactured in Christchurch, but
components are made offshore for cost
efficiency reasons.
Tait’s radio communications and security systems will be used at the London
Olympics this year. Tait’s systems were
also used at the America’s Cup yacht
races and the recent Rugby World Cup.
The All Blacks use them too.
The company has a research and development division as part of the complex. They also assist with University
of Canterbury courses, and the Tait
Trust is involved with the Science Alive
programme, promoting technology in
schools.
Globally, Tait’s products are used by
airports in France, Australia, and Turin;
by Australian and New York rescue and
firefighting units; police forces in New
Zealand, Canada, Sao Paulo (Brazil),
and South Africa; and bus and rail companies in Dublin, London, Oslo, Santiago, Zurich, British Columbia and Poland. As well, many power companies,
and others, use equipment supplied by
Tait’s.
Tait Electronics is dedicated to helping
customers keep the lights on, keep cities flowing, and keep communities safe,
with radio communication as the heart
of the business – in the Gobi desert,
in the jungles of South America, from
highly populated areas to vast rural
communities.
I was one of the last people to board
the bus home that afternoon – a great
achievement for a reluctant starter!
Page 4
NEWS
Registrar ALAN HART reports from the Federation National Office
FROM THE REGISTRAR
Past President Gifford Brown
Sadly, Gifford Brown passed away on
April 29. Gifford served as Federation
President in 1998-99. His funeral was
held at First Church in Dunedin on
Monday May 7. The Federation was
represented by President Kevin Geddes
and Southern Regional Representative
Bill Saxton. Other Past Presidents also
in attendance included Brian St John,
who gave one of the eulogies. (Obituary P13)
Conference 2012 outcomes
The various matters arising from the
decisions at Conference were discussed
by the Board and have been implemented as follows:
Constitutional changes/notices
of motion etc
The constitutional amendment has been
registered with both the Registrar of
Incorporated Societies as well as the
Charities Commission.
Financial remits
a) Capitation fee
Set at $10 (exclusive of GST) per
head, based on membership as at
August 31 2012 and payable by
February 1 2013
b) NZ Justices’ Quarterly
Set at $1.75 (exclusive of GST) per
copy for members and $5 (inclusive of
GST) for non-member Justices of the
Peace
c) Communication grant
The grant payable to affiliated associations is budgeted at $5 (inclusive of GST) per head, based
on membership as at August 31
2011 (see above)
d) Presidential honorarium
Set at $7500 a year
Remits
Those carried which are currently being
actioned were:
1 That the Royal Federation investigates the issuing of certificates, in
conjunction with the Ministry of Justice through associations, for those
Justices who have served 25 years as
a JP.
This matter was discussed while the
Secretary for Justice was at Conference
and he has indicated he will consider
the recommendation.
2 That Royal Federation seeks from
the Ministry of Justice affirmation
that:
i The Ministry of Justice has a full
commitment to the New Zealand
system of court sittings where different jurisdictions are used for different categories of court officers
(Justices of the Peace, community
magistrates, District Court judges
and other court officers), which
provides a wide spectrum for the
administration of justice in New
Zealand; and that
ii The Ministry of Justice as national
manager of the Courts administration system requires its officers to
assign cases on the basis of jurisdiction, so that cases falling within
JP jurisdiction are heard by JPs,
cases able to be heard by community magistrates are heard by community magistrates and so on.
The following amendment was added
to the substantive motion:
iii That the Ministry of Justice encourages all judicial officers to act
as follows: In any court where a
case is to be adjourned to a later
date and can or could be heard by
a lesser level of jurisdiction, then
that case is adjourned to the date of
such lesser level hearing.
3 That the Royal Federation advise,
in writing, those Justices of the Peace
nominees whose nomination is declined by either the Ministry of Justice or the Royal Federation
The remit was substantially reworded
following comments from a delegate
who is an electorate secretary and when
adopted read: “Where a Justice of the
Peace nomination is declined, the process outlined in the Best Practice Manual be adhered to i e the Minister’s office
notifies the nominating MP who in turn
expeditiously advises the nominee and
where appropriate the association concerned.”
Remits were raised with the Minister at
a meeting on March 20 and also with
the Secretary for Justice for all other
items.
Full background to the remits was included in the Conference papers circulated to associations and on the website.
All items will be further discussed at
Board meetings. Their remaining meeting dates this year are June 28, September 20 and November 21-22.
The speeches delivered at Conference
as well as the Constitution and similar
publications are available on our website – also, have a look at Hot News.
A suggestion that the minutes of Board
meetings be circulated was also discussed and the association which raised
the issue recommended placing it before all associations for their input at
the next Conference.
2012 regional meetings
A reminder that this year’s regional
conferences are scheduled as follows:
August
• 4: Central – Palmerston North
• 11-12: Southern - Balclutha
• 18: Central – Blenheim
• 25-26: Northern – Whakatane
September
• 9: Auckland
Contact your association if you are interested in attending, as these are not
restricted to council members.
Justices of the Peace
Education Trust Awards
The trustees are again calling for applications for these awards and while
all trainers and associations have been
notified, if any individual member is interested please contact your association
registrar or trainer.
NEWS
Advertising on the Federation website
The Board also considered an approach to directly advertise
a product on the website and agreed that while it was not
averse to this it would prefer that suppliers contact the editor of the Justices’ Quarterly to advertise in the magazine. A
website advertisement would then be carried without additional charge.
Board responsibilities
The Board is conscious of the considerable workload ahead
of it this year and has slightly altered its usual “portfolio” responsibilities as shown below, with the understanding that all
Board members hold collective responsibility and involvement particularly in supporting the education and website
work. (All Board members are ex officio members of each
group.)
Education:
Graeme Kitto
Finance:
Wallis Walker
Legislation and jurisdiction:
Denise Hutchins
Communication (promotion of JPs): Bill Saxton
Quarterly liaison: President
Projects:
• Criminal Procedure - Alison Thomson/Bill Saxton
• Search and Surveillance - Alison Thomson
• Website - Greg Weake (with website administrator)
• Visiting Justices and JJPs – Graeme Kitto
• Restorative justice - Kevin Geddes/Bill Saxton
• Membership update - Alison Thomson
• Future direction (preferred futures) - Kevin Geddes/Denise
Hutchins
• 2014 – Celebrations – 200/90 years recognition – Graeme
Kitto/Registrar
Banners for signing centres
(‘clinics’)
Eight associations now have one
of these banners (left, costing $140
each).
Page 5
these are:
• Alan Hart, Registrar: [email protected]
• Sarah Loftus, NEO: [email protected]
• Helen Silverwood, Administration Assistant:
[email protected]
The word ‘police’: from Wikipedia
The first use of the word police (“polles”) in English comes
from the book The Second Part of the Institutes of the Lawes of
England published in 1642[15].
In London, nightwatchmen were the first paid law enforcement
body in the country, augmenting the force of unpaid constables.
They guarded the streets from 1663. They were later nicknamed
“Charlies”, probably after the reigning monarch King Charles 2.
In 1737, George II began paying some London and Middlesex
watchmen with tax moneys, beginning the shift to government
control. In 1749 Henry Fielding began organising a force of quasi-professional constables known as the Bow Street Runners.
The Macdaniel affair added further impetus for a publicly salaried police force that did not depend on rewards. Nonetheless, in
1828, there were privately financed police units in no fewer than
45 parishes within a 10-mile radius of London.
Climb your
family tree
UK Genealogy Study Tour 2013
Thursday 21 February to Thursday 7 March 2013
Take your English and/or Scottish family tree research to the
next level with this 14-day tour of repositories in London and
Edinburgh. Our tour begins with the three-day Who Do You Think
You Are? event at the Olympia in London.
You’ll receive expert guidance from in-house specialists and
help and advice from the tour leader, Rachel Brown. Rachel has
been researching her own family history for more than two
decades and has been teaching family history for 10 years.
Pre-tour Study
We trust individual JPs are pleased
with the new format and greatly enhanced material on the site. Please
check it out and ensure you update
your own address(es). If you haven’t
received a personal logon contact the
website administrator (and let your
own association know). As part of
the upgrade we have been able to sort
our own email contacts as shown on
the website but for ease of reference
Get a taster of the tour or build your research skills by attending
one of the Climb Your Family Tree: First Steps in Research
courses led by Rachel Brown.
→ Saturdays 28 July & 4 August or 6 & 13 October, 9am-4pm
→ Fee: $160 ($144)
Visit our website www.victoria.ac.nz/studytours for a full
itinerary and pricing or call Sally Rawnsley 04-463 6556 or
Keay Burridge 04-463 6550 for further information.
VMK405\CFLL
Website and emails
Page 6
FEEDBACK
Role of the ‘nominated person’
The Summer 2011 Quarterly Education
pages included an article headlined
“Witnessing: what should a JP see?”.
The article mentioned the possibility of a
JP being asked to be present as a “nominated person” in a police interview
under S222(1) of the Children, Young
Persons and Their Families Act 1989.
This follow-up article from the office of
Principal Youth Court Judge ANDREW
BECROFT gives a detailed summary of
the role of the nominated person.
If you are interested in the role, find out
from your local association whether JPs
in your area are asked by the police to
be nominated witnesses. In some areas,
Justices of the Peace are regularly asked
to undertake the role; in many areas they
are never asked.
A young person in a police interview
under S222(1) of the Children, Young
Persons and Their Families Act 1989 is
in a vulnerable position. They may be
uncertain about what is happening to
them. Their interviewer is an adult in
a position of authority. The statements
they make could be determinative in a
future court case. This section of the law
provides the protection of a “nominated
person” to actively support and assist the
young person throughout the interview.
How well that person discharges the role
could determine whether or not a statement a young person makes is admissible
in court. Ideally, the role would only be
filled by someone with specialist training, but it often falls to a member of the
public.
Protections for the young person
It’s important to realise the context in
which the nominated person can be
requested and in which the nominated
person operates. There are some strict
obligations that police need to follow
when they interview a young person.
These include:
• giving an age-appropriate explanation of their legal rights to the young
person before the interview
• giving the young person the opportunity to talk to a lawyer and any other
person that the young person nominates before the interview if they wish
to
• making sure a lawyer and/or another
adult that the young person nominates
is present during the interview.
If the police do not follow these obligations, statements that the young person
has made cannot be used as evidence
against the young person in court.
How do JPs come into this?
It’s up to the young person to nominate an adult to be present during the
interview, and to consult with them
beforehand if they want to. However,
if the young person refuses to nominate
someone, the police must nominate
another adult to be present and to consult
with the young person if the young person wishes.
This is when the police might call on a
JP to be the nominated person. They also
often choose members of community
groups or church groups such as the Salvation Army. Remember, the role is not
one in which you are working as a JP. It
is simply that you are considered suitable
to be a nominated person because you
are a JP.
What does the nominated person do?
If the young person has declined a lawyer, the nominated person may well be
the only person in support of the young
person in the interview room. This isn’t
a role for the faint-hearted or even the
most well-meaning JP. The role is absolutely crucial. It could determine whether
evidence against a young person is later
excluded or included in court, which in
turn would also affect the outcome of the
young person’s case.
The Children, Young Persons and Their
Families Act 1989 states that the nominated person has the following duties:
a) To take reasonable steps to ensure that
the child or young person understands
their rights; and
b) To support the child or young person
before and during any questioning, and
during the making of a statement if they
choose to do that.
The police also emphasise that the role
of the nominated person contains several
special duties. In the police’s “Advice to
and Duties of a Nominated Person” form,
they state that the nominated person
must:
a) Support the child or young person
before and during any questioning;
b) Make sure the child knows what is
happening, and be satisfied that each
of the legal rights the police must
explain have been explained and that
the child or young person understands
them; and
c) During the interview, make sure the
child or young person is treated in
a fair way and help if he/she does
not understand the person asking the
questions.
The police ask the nominated person,
if not satisfied with the conduct of the
interview, to tell the interviewer and the
police officer in charge of the station of
their concerns.
The point to emphasise is that the role is
proactive and demands an understanding of the law. It is certainly not a role of
simply witnessing or observing (much
less is it a role to become a second police
interviewer and provide support for the
police in their investigative processes –
which experience has shown is a temptation to which nominated persons have
too often given in).
The nominated person might later be
called upon to give evidence and be
cross-examined about the quality of the
interview in court and their role could
well come under the spotlight. Judges
in the courts have also made some very
clear statements about what a nominated
person should be and do. Some of the
expectations that the courts have of the
nominated person include:
• being more than just a passive witness
to an interview
• knowing the jeopardy faced by the
child or young person they are there to
support
• trying to establish some rapport or
relationship with the young person
• exercising, if necessary, the opportunity “to intercede during the process on
behalf of a young person including to
press the need for taking legal advice
before answering further questions”
• giving the young person “the sense of
security of having someone looking
after his or her interests both prior to
the decision to answer questions and
during the questioning process and the
making of any statement”.
Taking on such a role requires the
ability to understand and work with
young people. You need special skills
and knowledge to be able to affirm that
an interview has been conducted fairly
and in accordance with the Act, and to
intervene if not.
Regrettably, public training for such
a role is not widely available. In the
absence of training, we strongly recommend that no JP act as a nominated
person without having first been fully
briefed by your association on the role
and the responsibilities that it entails. A
youth advocate may also be able to assist
you with this. The issue of training is
currently under review, and such training
may become more widely available in
the future.
Page 7
E D U C AT I O N
ED5
Compiled by SARAH LOFTUS: [email protected] 04-918-8445
WINTER 2012
‘One kind word can warm three winter months’ – Japan
From the National Education Officer
W
arm greetings to all Justices of the Peace.
It’s about now that people tend to say “Is
it really the middle of the year already?
– how quickly it passes!” – and it’s no different at the Federation office.
With two major pieces of legislation having been
passed and coming into force in stages over the
next 12-18 months (the Search and Surveillance
Act 2012 and the Criminal Procedure Act 2011),
there is a great deal of work behind the scenes to
review and reissue training materials and manu-
als for those Justices affected. And with the relaunched website there has been a lot of learning
for us to continue to provide more and better resources that way.
Many JPs have accessed the website – but if you
have not, do make the effort, you will find you
want to bookmark it as a favourite.
Please let the Federation know if you have not
received your personal username and password,
or if you have only recently acquired an email
account.
Word on the street
We may not have fifty words for snow but we do use it descriptively and figuratively in a variety of ways. Do you know these ones?
(From the Concise Oxford Dictionary)
Snow-ball tree - guelder rose (above)
Snow-grouse - ptarmigan (above)
Snow-plant - a microscopic alga growing in snow and
colouring it red
Snow-bunting - a mostly white species of finch
Snow - a small brig-like sailing vessel with a supplementary
trysail mast (this meaning has a different etymology!)
From the mouths of babes:
Rhubarb – a kind of celery gone bloodshot.
To collect the fumes of sulphur, hold a deacon over a flame in a test
tube.
When you smell an odourless gas, it is probably carbon monoxide.
The pistol of a flower is its only protection against insects.
TOP MARKS TO
NEW JUSTICE
Marlborough Justice David Whyte,
right, who completed the Open
Polytechnic of New Zealand Judicial Studies course and the judicial
practicum in 2011, was the year’s top
student, gaining the highest overall
marks, and winning the Education
Trust prize of $500. Federation President Kevin Geddes made a surprise
presentation to David, a local grapegrower, at a Marlborough association council meeting in Blenheim on
April 24. Local court manager Debbie Jackson was also in attendance.
David, who was appointed a JP in
February last year, is now a valued
member of the Marlborough Court
Panel.
Page 8
ED6
E D U C AT I O N
WINTER 2012
The Search and Surveillance Act 2012
The long-awaited passing by Parliament of the Search and Surveillance Bill 2009 took place on March 22
2012. It will come into force in stages on dates that are yet to be finalised.
There is no change to warrant issuing practices until further notice.
Key messages
• The commencement date for the majority of the
Act has not been set (but will very probably be
October 1 2012)
• On that commencement date no Justice of the
Peace will have authority to issue a police
search warrant as a Justice of the Peace.
• Those with authority to issue warrants under the
Act will be called issuing officers.
• Justices of the Peace may be authorised by the
Attorney-General as issuing officers.
• The Attorney-General must be satisfied of an
individual’s skills, knowledge and experience
to be able to do the tasks of an issuing officer
under the new Act.
• The process of authorisation of issuing officers
is independent of JP associations and the Federation.
• Those Justices of the Peace wishing to have their
names put forward to the Chief District Court
Judge for recommendation to the AttorneyGeneral will be required to undertake an online
training programme and an assessment on the
process of issuing warrants under the new Act.
• The training and assessment will take place online, during July and early August. It will only
be available online at www.jpfed.org.nz using
your personal username and password.
Frequently asked questions
1. So this means that JPs as a group will no
longer have jurisdiction to issue a warrant?
That’s right. The jurisdiction to issue a warrant under any of about 70 different Acts (once
they are amended by the Search and Surveillance Act 2012) will no longer belong to “Any
District Court Judge, or Justice or Community
Magistrate, or any Registrar (not being a constable)” but to “any issuing officer”.
2. I am a Ministerial JP, not judicially trained
and not a warrant issuer. Can I do the training and assessment, and could I be authorised as an issuing officer?
Yes. You need to contact Federation Registrar
Alan Hart: [email protected] or 04-9188447 as soon as possible to register your interest, and have your email address added to the
list.
3. I did the Open Polytechnic Judicial Studies
course a long time ago, but I have not been
at the bench for a while now. Can I do the
training and assessment, and could I be authorised as an issuing officer?
Yes. You need to contact Federation Registrar
Alan Hart: [email protected] or 04-9188447 as soon as possible to register your interest, and have your email address added to the
list.
• Therefore, if you wish to undertake the training
and assessment you must ensure you are on your
association’s warrant panel or have advised the
Federation of your wish to do so, that your correct email address is listed, and that you have
activated your personal username and password
at www.jpfed.org.nz
4. I have done the Open Polytechnic Judicial
Studies course but I have never sat at the
bench. Can I do the training and assessment, and could I be authorised as an issuing officer?
Yes. You need to contact Federation Registrar
Alan Hart: [email protected] or 04-9188447 as soon as possible to register your interest, and have your email address added to the
list.
• Without your current email address the Federation cannot provide you with access to the training and assessment.
5. I am already a warrant issuer. Do I continue to assess applications for warrants under
E D U C AT I O N
current law until the commencement date
of the new Act?
Yes
6. So I’ll be assessing applications for warrants under current law at the same time as
I am learning about the new law? I’ll need
to be careful not to get confused!
Yes – good point!
7. If I am not authorised as an issuing officer,
will I be able to assess warrant applications
after the commencement of the Act?
No
8. What criteria will be used to satisfy the Attorney-General of a person’s suitability for
authorisation? Can I expect to be authorised if I pass the assessment?
A pass in the assessment will be necessary,
but it will also be a matter of coverage for the
whole country. It may be that individual JPs
are not authorised simply because there are too
many individuals available in their area.
9. What about my years of excellent successful
service as a warrant issuer?
This is not taken into account as such, but it
will probably mean you will find the content
of the training and assessment quite familiar.
10. How many issuing officers will there be?
The Ministry of Justice is working on this. The
Federation understands there are likely to be
fewer than are currently on lists.
11. What if I don’t have access to a
computer?
The training and assessment of issuing officers
will only be available online. Under the Act,
applications may be “transmitted to the issuing
officer electronically”, so access to a computer
will be necessary for issuing officers at some
time in the future – although applications will
not be transmitted electronically for the time
being even after the Act comes into force.
12. What if someone usually helps me when I
use a computer?
You will need to make sure you can undertake
the assessment yourself, even if someone helps
you log on and use the training components.
13. How long will the training and assessment
take?
This will depend on your experience with warrants and familiarity with the new Act, but for
Page 9
ED7
WINTER 2012
most people it will probably take between
three and five hours.
14. What if I am away from New Zealand or
unable to get to my computer during the
training and assessment time?
The training and assessment will be available
online from July 2 to August 10 2012. You
will be sent an email confirming it is available. If it is not possible for you to access
a computer in that time, it may be “just one
of those things”. The dates for authorisation
of issuing officers by October 1 are carefully
planned.
15. How will I know if I have been authorised
as an issuing officer?
Those authorised will receive a letter at their
home address towards the end of September.
The letter of authorisation will also contain an
individual designation number which may be
used on warrants in place of your name.
16. How will police and other agencies know
who is an issuing officer? Will associations
still provide lists?
The names of those authorised as issuing officers will be gazetted on September 27. This
is in effect the public notice of the names.
Agencies will be responsible for maintaining
their own lists. As the role is no longer a role
of a Justice of the Peace, associations will not
provide lists to agencies. However, most associations will probably choose to keep a list of
their members who are authorised as issuing
officers, for reference.
17. Will there still be warrant training provided by JP associations?
Each association will make its own decision
as to whether to hold update sessions for their
members who are authorised as issuing officers. The training itself will be as provided online (and will operate as the manual as well),
but there could be case law and unusual application scenarios to discuss. In some areas
there may be too few JPs authorised as issuing
officers to make update meetings viable.
18. I notice that it is a three-year authorisation
– what will happen at the end of that time?
Yes, S108 of the Act provides that authorisations may be renewed after three years. The
Ministry of Justice will work on this but for
now the initial authorisations are the priority.
Probably there will be another online update
and assessment process.
PageED8
10
E D U C AT I O N
WINTER 2012
JUSTICE OF THE PEACE ROLE
Immigration sponsorship forms
Many JPs are very familiar with the immigration forms
that contain a statutory declaration. Immigration New Zealand is working on updating and simplifying all of their
forms. This is a huge task and obviously needs to be done
with the broadest brief and the greatest care, so it will take
some time. The question of whether a statutory declaration
needs to be on the four forms on which it remains needs
a lot of legal research and discussion. But you will be informed as soon as any changes are made.
However, there is one message Immigration is very keen
to get out to all Justices, regarding the documents that are
sent in with application forms. These recently had their
name changed from “attachments” to “documents accompanying” – but regardless of nomenclature:
Documents accompanying immigration forms
DO NOT NEED EXHIBIT NOTES
We hope this message is clear! It needs no further explanation – and comes straight from the Immigration operational policy acting manager who met with the Federation
recently.
Immigration is also very keen to receive feedback from
Justices. If you have any experiences with Immigration
forms or staff that you believe would be valuable for their
head office to know about, please email [email protected].
nz and they can be referred on. They are very keen to hear
about inconsistencies in the practices of their staff – as you
can imagine it is a very large staff and there is constant
change.
A recent example was when forms were returned to a JP’s
client because the immigration officer insisted on a JP
number, when in fact this is not needed. Points like this
can be referred to Immigration and included in their internal training.
Initial training of provisionally approved nominees
With the advent of the website some changes have taken
place to the training of provisionally approved nominees
for the office of Justice of the Peace. Nominees now receive a username and password so that they can access the
website, and initial training now includes:
• the Ministerial Manual
• the online Initial Training Module (ITM) of practice exercises (replaces the CD)
• local JP association induction learning sessions
• a practice assessment (replaces the “learning exercise”)
• a formal assessment which is completed online.
Induction trainers
Note that induction training sessions provided by associations are continuing as usual and those trainers continue in
their vital and demanding role. It is also very important
that nominees take part in the ITM in their own time (and
during learning sessions if trainers choose to use it) as both
the practice and formal assessments draw on information
from it as well as from the manual.
Assessment
The formal assessment is done online by the nominee,
whose website account is enabled so that they can see it,
once the association has sent the T4 form attesting that the
person has passed the practice assessment and is ready for
the formal assessment.
Only the nominees ever see the actual formal online assessment, but it does closely reflect the practice assessment
that trainers administer. Nominees are allowed another attempt at the assessment if they do not achieve 45/50 on
their first try.
You might be interested in a couple of questions of the
type nominees are presented with (and that not all nominees have answered correctly to date):
A statutory declaration is made on oath. True or false?
The words a JP writes on a certified copy are prescribed by
law. True or false? (Answers below)
Why have an assessment?
Having a formal assessment for provisionally approved
nominees is quite a radical change. Some Justices might
ask “But why would we need an assessment when we’ve
always been OK before?” It might be helpful to recall the
days when young drivers received their full and permanent
driver’s licence after a twenty-minute driving test. Now,
we expect much more of new drivers, and the recently revamped road test as part of the graduated licensing system has been catching out a high proportion of those who
might have passed before. To coin a sporting phrase, “the
bar has been raised” – and in time those wishing to obtain
a driver’s licence will meet that new standard in the first
place.
The same goes for nominees for the office of Justice of
the Peace, many of whom are already meeting the new
standard. If they cannot meet it they have another chance
after further study. And associations and the Federation
now have a formal way of knowing (and attesting to the
Ministry of Justice, and in turn to the Governor-General)
that provisionally approved nominees have met the basic
standard of understanding for a new JP.
ITM practice exercises
Remember, any JP can take part in the ITM practice exercises, by logging into www.jpfed.org.nz, going to the
Member Services page, clicking on Ministerial Justices
and then Initial Training Module, which is the fifth item
down. No data is captured so you can take part in the exercises as many times as you like. You might find you learn
something!
Answers: Both false
OPINION
Page 11
‘Much to gain, little to lose’
I
enjoy the occasional tipple as
much as the next man – unless, of course, the next man
happens to be an alcoholic!
Why am I thinking about alcohol,
and the pernicious effects it has
on our society? Well, I could start
off by saying that I am writing this
the day after the Budget was announced, and whilst there were provisions in that document to reduce
the consumption of tobacco, I do
not recall any proposals to reduce
the consumption of alcohol.
Should we wait in hope that the Law
Commission report, dated April 27
2010 – yes, over two years ago –
and its 153 recommendations will
be dealt with effectively, although
not in a Budget? The preamble to
the report stated that “... New Zealand has much to gain and little to
lose from the sweeping alcohol reforms proposed by the Law Commission ...”.
Well, the Law Commission would
say that, wouldn’t they, I hear the
critics in the liquor industry braying. But let’s just look at a handful
of those 153 recommendations to
see what those critics, and others,
might be worried about.
First, there’s the recommendation
that there be an across-the-board
10% increase in the price of alcohol. The irony of that proposal will
not be lost when you realise that in
the Budget there was provision for
a 10% per annum increase in the
price of tobacco over the next few
years, eventually bringing the price
of a packet of 20 cigarettes to over
$20 a packet.
If it was OK to increase the price of
tobacco – a known deterrent to consumers and intending consumers of
that product – then why not apply
the same strategy to the price of alcohol? If a price increase will deter
a smoker why will a price increase
not deter a drinker? The answer is
that it will, but for reasons
known only to themselves,
the Government will not
bite the alcohol bullet and
put prices up.
Trevor
Morley JP
Another recommendation
is to raise the age at which
people can buy alcohol to
20. Gosh, I can remember
when it was 21, then 20!
And I remember it very
well because when I was a
19-year-old brand-new copper walking the beat on Lambton
Quay in Wellington, if there was
any trouble in any of the numerous pubs on the Quay I was fully
empowered to enter those licensed
premises to deal with it – but once I
was off duty I could not legally do
so because I was under-age!
SALVO
New Zealand has one of the lowest drinking ages in any civilised
country in the world. I think I am
correct in saying that every state in
Australia (and the ACT) has 20 as
the legal drinking/purchasing age.
A low legal drinking age encourages people below that age to consume alcohol, as it signals all youth
that it is all right to drink. And as
the Commission pointed out, you
can, from time to time, buy alcohol
cheaper than you can buy water.
What other message is the youth
of our society to take from that, but
that society encourages the consumption of alcohol?
But harking back to my time on the
beat, in addition to a higher legal
drinking age in those days, it was
also an offence to be drunk in a
public place. We all know that the
consumption, and more so the overconsumption of alcohol, can be a
precursor to anti-social behaviour,
especially when the consumer is in
a public place, and where all kinds
of pressures can be brought to bear
on that individual.
So in the “good old days”, people
who were drunk in a public
place were arrested and kept
in the cells until they sobered
up. They were then relieved
(if they were in funds) of
sufficient cash to pay the
standard fine for being drunk
in a public place, signed an
admission of guilt and were
released to find their way
home.
The following day a constable produced to the court
the absent defendant’s written admission, he (it was almost always
a male) received, in absentia, the
standard fine, and the money given
to the police the previous night was
paid into the Justice Department’s
coffers.
But beneath this system, or procedure, of dealing with public drunkenness, there were other forces in
play, because giving the police the
power and authority to deal with
the offence of public drunkenness
helped them to maintain law and
order in society. But no longer.
The liberal cardigan-wearers have,
since then, been able to bring sufficient pressure to bear on our politicians so that the offence of being
drunk in a public place was long ago
removed from our statute books.
And not just here, but in virtually all
of the United States as well, thanks
to President Lyndon B Johnson’s
Crime Commission, which solidly
endorsed the decriminalisation of
public drunkenness, stating that “...
drunkenness should not in itself be
a criminal offence...”.
We all know where that has led to,
and I can do no better than quote
from one of my favourite books, by
two well-known criminologist authors, George L Kelling and Catherine M Coles, when they wrote
• Continued next page
OPINION
Page 12
• From previous page
lice station (or detoxification centre, to give it its politically-correct
name in this kind of situation!) they
are handed an invoice for the costs
of their incarceration. Failure to pay
it – just like failure to pay a fine in
a timely manner – would result in
that information being loaded on to
their credit record.
in their 1996 book Fixing Broken
Windows: Restoring Order and Reducing Crime in our Communities
that:
“... It is clear now that the decriminalisation of drunkenness ... had
momentous consequences for our
cities. Apart from increasing the
level of disorder on streets [it] undercut the basic authority of police
to intervene and manage ... disorder
...”. I couldn’t have said it better
myself.
So just like failure to pay a fine can
prevent you leaving the country until it is paid, so too the non-payment
of a “fine” for being drunk in a
public place, once loaded on to the
offender’s credit file, would have a
detrimental effect on them as well.
Another recommendation from the
Law Commission was the introduction of a “civil cost recovery” system whereby anyone picked up by
the police would have to pay for the
costs incurred in dealing with that
individual’s drunkenness. “User
pays” indeed. I find this an admirable suggestion – but don’t hold
your breath waiting for it to be implemented.
But given the prevalence of drunkdriving in this country, there is one
addition to the law that I would
dearly love to see, although I am
not certain if it was one of the Commission’s 153 recommendations.
That is a law which already exists
in a number of foreign jurisdictions,
making it an offence to drive a motor vehicle (other than a taxi or a
bus plying for public hire) with an
open container of alcohol within
the driving compartment, or acces-
I can envisage a procedure whereby
someone is detained until they sober up, and prior to leaving the po-
sible from within the driving compartment.
At the moment the ferals in our society can hoon around the countryside with as much alcohol in their
cars as they like, drinking to their
heart’s content, and unless they
happen to drive into an “alcoholfree zone” there is nothing the police can do about it.
Imagine the peer pressure on a driver to grab a can and have a swig just
like his passenger mates! I find it
incredible that a law of this nature
has never apparently occurred to
any of our lawmakers.
How many times have you seen a
photo of a vehicle at a fatal crash
scene with the interior littered with
open bottles and cans of alcohol?
Too numerous to remember I bet.
• The opinions expressed in
Salvo are those of Trevor Morley and do not represent those of
the Federation or the editor. Mr
Morley can be contacted at [email protected]
CROSSWORD
13
14
16
17
26
19 20
22
23
A C Q U I T
C L E N C H
R
T
I
E
I
R A G E
O U T S T R I P
21
SOLUTION
O
A
N
A
D
W I S E A S S O L O M O N
18
24
25
DOWN:
2 Irish terror group
3 Make an untrue
statement
4 Relating to the
last period of the
Stone Age
Y
O
U
R
15
N F L O W
12
5 Garland
6 Form of address
for magistrates and
mayors (4,7)
7 Man-powered loadcarrying device
8 Alcohol spirit
9 Arbitrator
11 Carry out fully
12 Objectives
20 --- Miserables,
musical
22 Miasma
24 Confucian doctrine
25 A vow (1,2)
I
11
9
ACROSS:
1 Scottish comic acting in
NZ just now (5,8)
7 Where Wellington
defeated Napoleon
9 Native timber
10 Skin condition
13 Traffic moving in
14 Floor covering
15 Crippled
16 Stern
17 Tame ---, Maori activist
jailed recently
18 Exculpate
19 Close the fist
21 Fury
23 Surpass
26 Showing
judgement like
that attributed to
a Biblical king
(4,2,7)
N N O L L
E
E
O
R I M
L
E
10
6
E C Z E M A
8
5
B I L L Y C O
R
I
W A T E R L O
H
U
7
4
E
O
R E A R
E
S
3
M A T
B
H
I T I
2
E
X
L A M E
B
C
1
OBITUARY
Page 13
A TRUE GENTLEMAN
Federation Past President 2003-2004 BRIAN ST JOHN pays tribute to close friend and
fellow Past Federation President Gifford Brown, who died in Dunedin on April 29
G
IFFORD BROWN, right,
was a “country boy” who
spent his early childhood in
South Otago and his early
adult years in the Beaumont-Lawrence area of Central Otago, where
he owned an orchard and caravan
park. He married Shirley, a local
orchardist’s daughter, and they
were proud parents of four children – Graeme, Diane, Stuart and
Lorraine. Later they enjoyed six
grandchildren.
Gifford and Shirley took part in
many local activities. Gifford was
on the school committee, played
cricket and enjoyed debating, to
name a few.
Unfortunately, a serious car accident mandated a complete change
of their lifestyle and they had to
leave the orchard and move to
Dunedin, where Gifford became
Church Officer at Dunedin’s First
Church. He held that role for 18
years until retirement in 1998, the
same year he served as Federation
President.
During his time on the Federation
Executive, and as Vice-President
and President, Gifford worked
tirelessly for all Justices of the
Peace. He loved meeting people, especially when travelling throughout New Zealand, with Shirley, as
President and earlier as the Southern Regional Representative. His
wise counsel and common sense
were appreciated by all. The family
spoke of the many tributes sent to
them from Justices from every part
of the country when his death was
announced.
Gifford was noted for his devotion
to duty, honesty and sincerity.
Gifford was appointed a Justice of
the Peace in 1967, and served the
community for the next 45 years.
During his career as a JP, apart
from carrying out all the usual
ministerial duties, he was a judicial
Justice and a member of the search
warrant panel, and was heavily involved with the Otago association
as an executive member and presi-
dent. He was a faithful attendee at
seminars and along with Shirley,
at social functions. His outstanding service was recognised when he
was made a life member of the association in 2004.
I had the privilege of sitting in court
with Gifford on many occasions
and saw him engage with lawyers,
police, court staff and of course the
defendants who appeared before
us. Gifford was always courteous,
polite and respectful to all. He always listened carefully and never
“talked down” to defendants. To
Gifford it didn’t matter what defendants had done, they were entitled to be treated with respect. He
was proud of his role but he was
humble about it too.
It was Gifford who presided over
the preliminary hearing in the
high-profile Bouwer case. This
took many weeks and required Gifford to learn and understand many
technical medical terms. It was a
very taxing task over a long period, but Gifford received many accolades for his understanding and
leadership during this trial.
Apart from his commitment to
JP duties, over the years Gifford
held many other community roles.
While still in Central Otago he was
a foundation member of the Lawrence Jaycees, eventually becoming regional governor. His children
told their friends that “their Dad
was the Governor-General”! He
was also a marriage celebrant.
Gifford was an active Freemason
and served as Master of Lodge St
George No 1128 in the English Constitution in Lawrence. He eventually rose to the position of Deputy
District Grand Master for the District of South Island New Zealand,
a job which required him to travel
throughout the South Island. He
was also very proud to be one of the
few who attain the rank of the 33rd
degree in the Rose Croix order.
Gordon Baines of Dunedin, who
gave the Masonic eulogy, said simply that Gifford was “the epitome
of a Freemason”. He was wellknown and highly-respected by all
members.
While Church Officer at First
Church, he volunteered to index
tens of thousands of Presbyterian
marriages and many hundreds of
baptisms – estimated to be about
230,000 entries!
Gifford was also president of the
Royal Dunedin Male Choir. He
used to joke he was the “non-singing president” - he accepted the
presidency to help out when no one
else came forward.
Gifford’s funeral at First Church
was attended by a large number of
people from all over the country.
Tributes were given by Sir Robin
Gray JP on behalf of family and
friends, by me on behalf of Justices
of the Peace, and by Mr Baines,
representing the Masonic fraternity. Federation President Kevin
Geddes and his wife Lorraine, and
Southern Regional Representative
Bill Saxton were also present.
Gifford was a true gentleman who
will be fondly remembered by us
all, but especially by his family who
were always his number one priority.
• I thank Mrs Shirley Brown for all
the help she gave me in writing this
obituary
Page 14
CONFERENCE 2012
Bay of Plenty association president Rev BRIAN HAMILTON, right, was a
busy man at Conference this year. Apart from presidential duties, he was a
member of the Conference committee and conducted the customary
Sunday morning service . . . here’s his sermon
‘In praise of justice’
H
is name was Fleming, and he was
a poor Scottish farmer. One day, he
heard a cry for help coming from a
nearby bog. He dropped his tools
and ran to the bog.
There, mired to his waist in black muck,
was a terrified boy, screaming and struggling to free himself. Farmer Fleming
saved the lad from what could have been
a slow and terrifying death.
to pay for education for Fleming’s son
- action for no remuneration is also part
of a JP’s work
• Fleming’s willingness to study, to devote his life to the benefit of others study is a part of JP life.
We are called Justices of the Peace and
I have entitled this address “In praise of
justice”.
The next day, a fancy carriage pulled up
to the Scotsman’s sparse surroundings.
An elegantly dressed nobleman stepped
out and introduced himself as the father
of the boy Farmer Fleming had saved.
As I explore this concept of justice, may
I point out that the Judeo-Christian God
whom we hold to be the Creator, whom
we worship this morning, is a God of justice.
“I want to repay you,” said the nobleman.
“You saved my son’s life.”
Ps 9:8 “He will judge the world with justice.”
“No, I can’t accept payment for what I
did,” the farmer replied, waving off the
offer. At that moment, the farmer’s own
son came to the door of the family hovel.
He calls all people to stand up for the
needy in our communities - to care for
those in trouble, to stand on the side of
truth.
• Share everything.
“Is that your son?” the nobleman asked.
“Yes,” the farmer replied proudly.
In the first reading from Isaiah we heard:
• Put things back where you found them.
Isaiah 9:7 “He will rule with fairness and
justice from the throne of his ancestor David.”
• Clean up your own mess.
“I’ll make you a deal,” said the nobleman.
“Let me take him and give him a good
education. If the lad is anything like his
father, he’ll grow into a man to make you
proud.”
And that he did. After graduating from
St Mary’s Hospital Medical School in
London, he went on to become known
throughout the world as Sir Alexander
Fleming, the discoverer of penicillin.
Years afterward, the nobleman’s son was
stricken with pneumonia. What saved
him? Penicillin. The name of the nobleman? Lord Randolph Churchill. His son’s
name? Sir Winston Churchill.
Whether it really happened that way or
not, I don’t know, but I chose that story
today because of several themes that
struck a chord with me as I consider the
work of JPs.
• The selfless act of rescuing the lad from
a bog - JPs are often called on to be part
of a rescue, e g marriage dissolution
forms and sponsorship forms for immigration
• The generosity of the nobleman (Lord
Randolph Churchill) in his willingness
Have you noticed that people who are
downtrodden and oppressed look to others for justice, but without it, look to God
for their ultimate vindication?
There is a universal understanding of
what is just and right: is this so surprising
since the God of justice implanted values
in all humans?
In the Gospel reading from Matthew we
heard it said of Jesus: “He will proclaim
justice to the nations … he will cause justice to be victorious.”
As judicial JPs sit on the bench, we seek
to mediate justice. As all JPs swear affidavits and administer statutory declarations,
we stand for truth. The role of the JP is
therefore closely aligned to the character
of God, who is a God of truth and justice.
On a lighter note I want to introduce you
to a writer I greatly admire, an American
pastor called Robert Fulghum.
One of his books is entitled All I Really
Need To Know I Learned In Kindergarten. Here are its key messages.
Picture: GRAEME KITTO
• Play fair.
• Don’t hit people.
• Don’t take things that aren’t yours.
• Say you’re sorry when you hurt somebody.
• Wash your hands before you eat.
• Flush.
• Warm cookies and cold milk are good
for you.
• Live a balanced life – learn some and
think some and draw and paint and sing
and dance and play and work every day
some.
• Take a nap every afternoon.
• When you go out into the world, watch
out for traffic, hold hands, and stick together.
Jesus put all that another way: “Do to others whatever you would like them to do to
you. For this is the essence of all that is
taught in the law and the prophets” (Matthew 7:12).
Fellow Justices: as you pursue justice and
truth, know that you are fulfilling God’s
purposes, acting in his name, doing God’s
work.
FEATURE
Page 15
15
Page
Federation Registrar ALAN HART tells the story of the first president of the West Coast
association, Brigadier-General William Meldrum CB CMG DSO VD
A
A distinguished
soldier and JP
s some readers know, one of my
hobbies is collecting odd medals
and the like, and that is the genesis of this article.
he could have imagined. His farms
failed through low wool prices, his
wife left him and then later the Depression of the late 1920s and early
1930s left him all but destitute.
An unusual Masonic medal I bought on
TradeMe is one of only 35 to 50 individually made in Jerusalem in 1918 to
mark a Masonic meeting held in the
Temple area of what is now known as
the Mosque of Omar.
However, he was still held in some
esteem and in 1921 he was appointed
a Stipendiary Magistrate in Greymouth where he served until he retired in 1934. He remained active
in the community: he was Mayor
of Greymouth from 1935 to 1938
and was group director of the Home
Guard on the West Coast during
World War 2.
Naturally, the purchase set me on the
trail of further details of some of those
involved. The foremost of these was
Brigadier-General William Meldrum of
the New Zealand Mounted Rifles Brigade.
Born in Kamo, near Whangarei, in 1865
he was educated at various schools and
colleges both locally and in Auckland,
then graduated from the then Auckland
University College. He was admitted to
the Bar in 1888 and then practised law
in Hunterville from 1891 until 1912.
From law he moved to farming but like
many of his age and times he was also
actively involved in the local militia,
starting as a second lieutenant in 1900
and rising to be a lieutenant-colonel commanding the 6th (Manawatu) Mounted
Rifles Regiment by 1914.
His military career was interesting in that
he was one of the few officers of his rank
who transferred into active service at the
same rank and then managed to survive
the horrors of Gallipoli before being appointed to what was seen by many as the
sideshow in the Middle East.
He and a small group of other officers and men served from 1916 until the
end of the war in Palestine and suffered
equally from disease as from warfare. For
some reason New Zealand has paid little attention to this campaign, apart from
the “massacre at Surafend” in December
1918, and when they returned to their
homes most of those who served in this
theatre experienced the same lack of support we saw 50 years later after another
campaign.
However, Meldrum’s medal group is testament to his success on active service.
And his entry in the Dictionary of New
Zealand Biography bears further witness
to his military skills:
“[In command of the New Zealand
Mounted Rifles Brigade] Meldrum led
and co-ordinated his units methodically
and quickly in the encirclement of Beersheba. One of the brigade’s most brilliant
actions was at Ayun Kara, near Jaffa,
where heights were taken and held against
more numerous and very determined defenders. In the raid on Amman, the brigade was employed both as an assault
and a rearguard force in hard driving rain,
over rugged country and with only meagre supplies. All ranks trusted him and he
them.”
For Meldrum, probably expecting a hero’s welcome on his return to New Zealand with his numerous decorations including six Mentioned in Despatches and
membership of the Serbian Order of the
White Eagle, the reality was worse than
As a magistrate he was appointed a
Justice of the Peace (as are District
Court judges today), although not
separately gazetted as such. There is
no evidence that he was a member of
the Canterbury association (formed
in 1918) but when a group of Justices
on the West Court gathered to consider the possibility of forming an association in 1925 he was elected the
first president, and served until 1939.
He remarried in 1927 and remained on
the West Coast until his death. His son by
his first wife also served with distinction
in World War 1, was a Rhodes Scholar
and followed his father into law. Of the
two sons of his second marriage, at least
one was in the Army. General Meldrum
died suddenly at the age of 98 while visiting him at Burnham Military Camp near
Christchurch in February 1964.
Meldrum and his second wife Clare (who
died in 1974) are buried in the Greymouth
cemetery.
He featured on the cover of the September 1933 issue of the Justices’ Quarterly
(above) and the June 1964 issue carried a
short obituary.
Full biographies of William Meldrum can
be found online at the Dictionary of New
Zealand Biography (www.teara.govt.nz)
and also at the New Zealand Mounted Rifles site (www.nzmr.org).
Page 16
NEWS
EBOP turns 21
The Eastern Bay of Plenty association held their 21st annual dinner at the
Ohope Chartered Club on Saturday May
26.
President Douglas Bull welcomed Federation President Kevin Geddes and his
wife Lorraine, Past Federation President
Bob Armstrong and his wife Cynthia,
and association life members Val Killery,
Brian Callinan and Diana Fox, along
with 70 Justices and their partners.
The guest speaker was Judge Chris
McGuire, who entertained the diners
with anecdotes about cases he had presided over. He also gave an interesting
report on marijuana and the problems it
causes in youth health.
A special 21st birthday cake provided by
Mrs Killery was cut by Mr Armstrong
and Eileen Bell, our oldest JP (Retired).
It was a wonderful evening very much
enjoyed by all, and special thanks go to
vice-president Helen Stewart, the chair
of the social committee, and her team.
Diane Yalden
Dining at the Ohope Chartered Club
Guest speaker Judge Chris
McGuire of Rotorua
Bob Armstrong and Eileen Bell cut the birthday
cake
Judge’s
‘daring
debut’
Auckland District Court and
Family Court judge John Adams (above) has won the 2012
NZSA Best First Book Award
for Poetry for his collection
Briefcase.
Awards
convenor
Chris
Bourke said the judges considered Briefcase to be a daring
debut that marries law and
poetry - a challenging, creative and moving collection.
“Using clever language play,
Adams has created a poetry
smorgasbord of plain poems,
lyrical lines, traditional forms,
fake documents, a Sudoku
puzzle and so on. But what
takes this collection beyond
the post-modern gymnasium
is its ability to affect you.
“His experimentation with
form depends upon the heart
as much as it does the intellect,” Mr Bourke said.
The honour is one of three
New Zealand Society of Authors Awards announced last
month which recognise standout new writers across fiction,
poetry and non-fiction categories. The awards are part of
the 2012 New Zealand Post
Book Awards, the country’s
premier prizes for literature.
Page 17
Offer runs from June 1 2012 to August 31 2012
Wording for #3 or #4
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EXHIBIT NOTE
This is the annexure marked “
inc. G.S.T.
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20
before me
Page 18
JUSTICES APPOINTED
Another first for the West Coast! New JP Tracey Waters completed the online assessment in her
training to take up the appointment, and was sworn in by Judge Noel Walsh at Greymouth on
May 22.
PURSUANT to section 3 (1) of the Justices of the Peace Act 1957, His Excellency
the Governor-General has been pleased to appoint the following persons to be
Justices of the Peace for New Zealand.
Beever, Helen Mary, Te Kuiti
Mullane, Christopher Bernard, Auckland
Benny, Noel Phillip, Tairua
Read, Barbara Lois, Cambridge
Binnie, Neil Samuel, Auckland
Sharma, Netram, Hamilton
Buksh, Gaznafar, Auckland
Singh, Nirmal, Hamilton
Chagani, Batool, Auckland
Stirling, Arihia Amiria, Auckland
Chapman, Geoffrey Allan, Christchurch
Waters, Tracey Lee, Franz Josef
Clear, Diana, Upper Hutt
Welsh, Bronwyn Isabel, Christchurch
Foai, Foai Suka, Auckland
Goodall, Heather Joyce, Christchurch
Hodges, Tania Lee, Hamilton
Johnson, Judith Ann, Pukerua Bay
Lutter, Robert Alexander, Napier
By Joyce Lloyd
Colourfully illustrated – 130 pages
A valuable resource for:
• planning your wedding
• marriage celebrants
• giving as a gift
The eleven services, optional readings,
vows, ring ceremonies and conclusions are
written by an experienced New Zealand
Marriage Celebrant.
Dated at Wellington this
2nd day of May 2012
Hon Chester Borrows
Associate Minister of Justice
Order from:
THE REGISTRAR
ROTORUA & DISTRICTS JP ASSN
3 WAITAWA PLACE
ROTORUA 3010
$20 - POSTAGE INCLUDED
THE NZ JUSTICES’ QUARTERLY
Published in Autumn, Winter, Spring and Summer
Opinions expressed in this journal, whether editorially or by contributors, do not necessarily represent the views of the Royal Federation of New Zealand Justices’ Association (Inc).
Contributions on matters affecting Justices and their associations are particularly welcome, but all contributions are subject to the discretion of the Editor.
Contributors are requested to forward matter to the Editor, Geoff Davies 81 Warwick St, Wilton, Wellington, 6012, Phone 04-472-5566, email [email protected], to reach him not
later than January 31, April 30, July 31 and October 31 to ensure publication in the next issue.
Readers are requested to promptly inform the registrar of their local Justices of the Peace association of any change in their address. Numerous Quarterlies are returned marked “gone
no address”, “Redirection order expired” “Deceased” or “Not a box holder on rural delivery”, etc.
Published by the Royal Federation of New Zealand Justices’ Associations, typeset and designed by Word for Word, Titahi Bay, and printed by APN Print Wanganui (Ph 0800-111-500).